Attachment 1 WRDA16 Tree Service MATOC PWS Final Revised 5-25-21.docx

BASE MATOC PERFORMANCE WORK STATEMENT (PWS)

Tree Services Multiple Award Task Order Contract

1.1 OBJECTIVE.

1.2 The Government intends to award numerous task orders between $2,500 to $1,000,000 for an Indefinite Delivery Indefinite Quantity Multiple Award Task Order Contract (MATOC) for removing vegetation including clearing, grubbing, tree removal and tree trimming within the entire Sacramento District area of responsibility. The objective is to award separate task orders over a 5-year period which may overlap. The aggregate capacity for all contracts awarded will be $6,000,000 shared amongst all the MATOC pool holders. The performance of work will be authorized by issuance of task orders from a Government Contracting Officer (KO). The individual task orders will consist of tree felling, tree trimming, and the removal of the downed material, plus elderberry shrub transplanting. The task orders may also include general clearing and vegetation management. The task orders will be primarily issued for the America River Common Features (ARCF) 2016 located in the greater Sacramento region with project sites along the Lower American River (from Watt Ave to the confluence of the Sacramento River) and the Sacramento River East Levee (from the confluence of the American River to the town of Freeport, CA). Removal of the designated trees serves two purposes: Prevent springtime nesting of migratory birds and listed or endangered bird species; and the preparation of the levee sites for construction activities. All tree service work will be conducted between August 15 and February 15 of each calendar year.

1.3 Work shall mainly be performed in the Sacramento region with project sites along the Lower American River (from Watt to the confluence of the Sacramento River) and the Sacramento River East Levee (from the confluence of the American River to the town of Freeport, CA), but can include the entire Sacramento District area of responsibility. Refer to Exhibit A – Potential Tree Service Area..

1.4 Specific services and task activities are listed in Paragraph 2.0. The description of work stated herein provides a general understanding of the Contractor functions to be performed; individual Task Orders will contain the specific performance-based requirements.

2.0 GENERAL

2.1 This is a non-personnel services contract to provide vegetation removal and management services. The Contractor is responsible for meeting all terms and conditions of this contract, any sub-contractors used to perform the required services are solely accountable to the Contractor. The Government shall not exercise any supervision or control over sub-contractors. The Government reserves the right to inspect, at any time, any service performed under this contract, including services performed by sub-contractors to determine if the work meets contract requirements. Tree services are required for preparatory actions related to the levee improvements in the region. A Multiple Award Task Order Contract (MATOC) is considered the optimal process to address these recurring requirements. The levee improvement projects will be constructed over multiple years and with multiple contract packages, with each having a limited work window. Therefore, subsequent tree service work will occur in segments, distributed over the life of the project. Having a MATOC will allow streamline the acquisition process. All aspects of the work required under a task order must be successfully completed to achieve acceptance of the work by the government.

2.2 The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the services defined in this Performance Work Statement except for those items specified as government furnished property and services.

2.3 The work will be accomplished by a qualified, experienced, tree service company. The individual task orders will consist of tree felling, tree trimming, and removal primarily along the American and Sacramento River levee systems. Trees will be typically be removed by manual felling and/or use of an aerial lift device (bucket truck). The use of a crane will be required for several task orders to mitigate environmental and concerns. Felled trees and branches will be cut up, removed, or recycled. The downed wood, branches, and twigs from the project sites will be disposed or recycled at an approved offsite disposal facility. The contractor must own the necessary power and safety equipment required for tree felling and removal activities. All work must be performed by or under the direct supervision of California State licensed arborist. A Site Safety and Health Officer (SHSO) meeting the requirements of the United States Army Corp of Engineers (USACE) Safety and Health Requirements Manual (Engineering Manual (EM) 385-1-1) will be required for all site work.

2.4 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). The QASP will be included with specific task orders that address specific tasks in those task orders. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

2.5 Supervision and Training

2.5.1 Contractor shall provide a supervisor who speaks fluent English on site.

2.5.2 Contractor shall maintain satisfactory standards of personnel conduct and work performance and administer disciplinary action as required. When appropriate, the contractor will remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

2.5.3 Contractor shall perform training and safety precautions for employees working under these specifications. Observe Occupational Safety and Health Administration (OSHA) and USACE EM 385-1-1standards in all work performed. Use safety equipment as prescribed by OSHA and USACE EM 385-1-1 standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. In case of conflict between the standards the more stringent standard must be applied. All OSHA, National Fire Protection Association (NFPA), and USACE EM 385‐1‐1 standards and codes, including but not limited to the following, must be adhered to:

· National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers.

· Occupational Safety and Health Administration (OHSA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

· Site Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

· Daily inspection logs for equipment checks (USACE EM 385‐1‐1, 13.A.02): Hand and power tools shall be used, inspected, and maintained in accordance with the manufacturer’s instructions and recommendations and shall be used only for the purpose for which designed. A copy of the manufacturer’s instructions and recommendations shall be maintained with the tools.

2.6 Safety Requirements:

Contractor shall comply with and follow all installation safety regulations of the most current edition of USACE EM 385‐1‐1, and all applicable federal, state, and local laws, ordinances, criteria, rules and regulations, including but not limited to 29 CFR Parts 1910 and 1926.

2.6.1 Provide appropriate signs designated by Fire, Safety & Security and place them as indicated in work areas. Within one calendar day after commencement of work, erect a safety bulletin board at the job site, unless size, duration, or logistics of the work do not facilitate a bulletin board, in which case provide an alternative to a bulletin board, acceptable to the KO, that is accessible and includes all mandatory information for employee and visitor review. Provide and maintain information on the safety bulletin board or, if an alternative is utilized, on the alternative, as required by EM 385‐1‐1 section 01.A.06.

2.6.2 Keep the work areas closed off to unauthorized personnel and perform all project associated activities without damaging or contaminating adjacent properties and areas. Where such work or areas are damaged or contaminated, restore work and areas to their original condition at no cost to the Government.

2.6.3 Report all accidents to the Safety Office through the COTR (Contracting Officer’s Technical Representative), within the same shift during which the accident(s) occur, as soon after the accident as is practical. Fill out an Occupational Safety and Health Administration (OSHA) Form 300 in relation to any accident and submit ENG 3394 to the Safety Office within 5 days after an accident. Stop work in the event of serious injury or damage, leaving everything in place exactly as it was at the time of the accident, except when there is the possibility that more damage or injury will occur if things are left in place.

2.6.4 Designate and provide a person as the Site Safety and Health Officer (SSHO) and ensure that the SSHO or an equally‐qualified Designated Alternate SSHO is at the work site at all times, except as specified herein, where required to enforce and implement the Contractor's Safety and Health Program in accordance with the government‐accepted Accident Prevention Plan. The SSHO's training, experience, and qualifications must be in accordance with (IAW) EM 385‐1‐1 paragraph 01.A.17.

2.6.5 Ensure, via the SSHO, the requirements of EM 385‐1‐1 section 1 and 29 CFR 1926.16 are met for the task order. The SSHOs has full‐time responsibility when required to be onsite. It is acknowledged that USACE will hold the Contractor accountable for its safety and health performance. Provide a full-time work quality control (CQC) manager per existing specifications. The CQC manager must always be on site.

2.6.6 Provide a competent person for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan. That competent person will be on‐site at all times when the work that presents the hazards associated with their professional expertise is being performed. Provide credentials of the Competent Persons(s) to the Contracting Officer’s Representative (COR) for acceptance in consultation with the Safety Office prior to start of the project.

2.6.7 Ensure that work sites are free of identified materials such as Polychlorinated Biphenyl (PCB), lead paint, asbestos and other OSHA regulated chemicals (i.e. 29 CFR Part 1910.1000), in addition to methamphetamine/illegal drug laboratory manufacturing sites or waste materials and drug use paraphernalia. If any material, not indicated, that may be hazardous to human health upon disturbance during work operations is encountered, stop that portion of work and notify the COR immediately.

2.6.8 Use third party, independent, private utility locating companies for all overhead and underground utilities in the work areas as necessary prior to commencement of work. The Contractor is liable for damage, outages, and repair of utility infrastructure compromised by task order tree service activities.

2.6.9 The Contractor will prepare the written site‐specific Accident Prevention Plan (APP). Prepare the APP in accordance with the format and requirements of USACE EM 385‐1‐1. Cover all paragraph and subparagraph elements IAW USACE EM385‐1‐1, Appendix A, “Minimum Basic Outline for Accident Prevention Plan” in the APP. The Activity Hazard Analysis (AHA) format must be in accordance with USACE EM 385‐1‐1, Section 1. Use the AHA during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls. Traffic control plans will be coordinated and prepared as required for tree service activities.

2.7 Recognized Holidays: The Contractor shall not work at the project site(s) on the following holidays:

New Year’s Day

Christmas Day

2.8 Coordination with Levee Districts: The MATOC contractors will coordinate with USACE personnel to ensure rights of entry to specified work areas prior to commencement of work. USACE will provide right of entry documentation for the contractor. The contractor, levee district personnel, and USACE representatives will agree upon work area, work window, points of ingress and egress, bike trail/pedestrian traffic control, vehicular traffic control, and methods of work area security/demarcation.

2.9 Place of Performance: The work to be performed under this contract will be primarily performed within the greater Sacramento region with project sites along the Lower American River (from Watt to the confluence of the Sacramento River) and the Sacramento River East Levee (from the confluence of the American River to the town of Freeport, CA).

2.10 Special Qualification: The Contractor is responsible for ensuring that a certified arborist is consistently on work area sites during all tree cutting and trimming activities.

2.11 Post-Award Meeting: The Contractor agrees to attend any post-award meeting convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5 – Post award Orientation. Additional Post Award Conference details will be included in the Task Orders.

2.12 Periodic Progress Meetings: The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the KO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

2.13 Contract Discrepancy Process:

2.13.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for scheduling a meeting among the Contractor and KO. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor and KO will sign minutes of the meeting(s).

2.13.2 The Contractor will state in writing to the KO, within ten calendar days, any areas in the minutes it does not concur with and explain non-concurrence. The KO will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days.

2.13.3. Actions:

2.13.3.1 The KO will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the KO checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

2.13.3.2 If the Government created any of the discrepancies, these will not be counted against the Contractor’s performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the KO will forward a written notice to the responsible organizational element requesting corrective action be taken.

2.13.3.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded. When a CDR is issued for a service, the KO will withhold payment until the work has been satisfactorily completed.

2.13.3.4 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued.

2.13.3.5 A third CDR may be the cause for a Cure Notice. However, the KO may issue a Cure Notice at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice may require a Show Cause letter to be issued, followed by consideration of termination of the Contract.

2.14 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

· Assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance

· Maintain written and oral communications with the Contractor concerning technical aspects of the contract

· Issue written interpretations of technical requirements, including Government drawings, designs, specifications

· Monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies and assist Contractor with rights of entry.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

2.15 Key Personnel: The follow personnel are considered key personnel by the government. If contractor wishes to substitute key personnel, the resume of the new personnel shall be provided to the COR who will request Contracting Officer’s approval. Qualifications for all minimally required key personnel are listed below:

2.15.1 Site Safety and Health Officer (SSHO): The SSHO shall be responsible for overall technical management of safety and health related aspects of this contract. Provide a person as the SSHO and ensure that they or an equally qualified designated alternate SSHO is at the work site at appropriate times in which high risk work is being performed. The SSHO may also be appointed to other duties in relation to this contract, however, must be available as stated in the preceding sentence. The SSHO must be trained, experienced, and qualified in accordance with EM 385‐1‐1 paragraph 01.A.17. Provide a competent person for all the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan. The SSHO must have the following qualifications:

· Certification IAW EM 385-1-1 paragraph 01.A.17.

· Four (4) years of working experience relating to the assessment of facilities for safety/health compliance.

· Two (2) years of pertinent experience.

2.15.2 Certified Arborist: The certified arborist will be responsible for the overall physical procedural related aspects of the tree service components within this contract. The individual must have the following qualifications:

· Certified Arborist

· California D-49 Tree /service state contractor license

· Seven years minimum certified arborist experience.

2.15.3 Superintendent: The superintendent shall be responsible for oversight in carrying out the contract requirements. The superintendent is responsible to ensure compliance with the requirements identified in the scope of work and the Contractor Quality Control Plan. The certified arborist can assume the role of superintendent for; or an individual with three (3) years minimum field experience is required. The experience must be in similar projects ensuring that the work, to include that of subcontractors and suppliers, complies with the requirements of the contract. Their responsibilities shall include:

· Preparation of submittals

· Inspection of materials and equipment received on-site to assure compliance with contract requirements

· Inspection of on-site laboratory equipment and safety and health equipment to assure proper operation and accuracy,

· Inspection of field activities

· Supervision of quality control testing as required by the contract documents

· CPR and first aid certified

2.15.4 Tree Workers: The tree workers shall be responsible for climbing, lift work, and saw running. The individual must have the following qualifications:

· Certified tree worker climber specialist

· Eighteen months minimum pertinent experience

2.15.5 Field Staff: Field personnel, including those listed above, shall meet the training, medical surveillance, and safety and health program requirements specified in all appropriate OSHA standards. The Contractor shall ensure that all personnel involved in the performance of the work meet the above safety and health requirements and that adequate documentation is available for the KO’s review. If adequate documentation is not made available personnel shall not be allowed on-site. Employees shall also meet any USACE required training for the project. All field staff, both contractor and all tier subcontractor personnel, are responsible for understanding and complying with all requirements of the contractor's approved Site Safety and Health Plan.

2.15.6 Elderberry transplant specialist: The Elderberry Transplant specialist shall be responsible for the transplanting of the elderberries. The elderberry transplant specialist shall have 3 years experience successfully transplanting elderberries in accordance with the US Fish and Wildlife Service’s 1999 Conservation Guidelines for Valley Elderberry Longhorn Beetle , the 2017 Framework for Assessing Impacts to Valley Elderberry Longhorn Beetle, and ANSI A300 (Part 6) guidelines for transplanting woody species.

2.15.7 Biological Monitor: The biological monitor must have a degree in biology, ecology, wildlife biology, herpetology, or related fields. The biologist must have a minimum of 3 years field experience using USFWS and CDFW techniques and experience with the wildlife species likely to be encountered on the site including any species mentioned within this PWS. Biological monitors for tree removal outside pupping season must have familiarity with bat ecology and habitat requirements. Biological monitors for tree removal during pupping season must have prior experience surveying and monitoring for bats and must be approved by the USACE. The biologist must be experienced with raptors, migratory birds, Valley Elderberry Longhorn Beetles, and bats. The monitor will be on call year-round.

2.16 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

2.17 Standards of Employee Conduct: Personnel are required to adhere to the following standards of dress and conduct while performing work at the project sites. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM385-1-1, 30 November 2014.

· Be always equipped with personal protective and safety equipment. Hard hats and steel-toed shoes are required in accordance with OSHA requirements, in addition to pertinent EM385-1-1, 30 requirements for tree service operations. Contractor employees will maintain personal hygiene.

· Loud or boisterous behavior or use of profane or abusive language are not permitted.

· Intoxicating beverages and/or drugs at the work site are not permitted.

· Possession of weapons is prohibited.

2.18 Parking Regulations: Contractor employees may park privately owned vehicles in the area designated for parking by the Contracting Officer (KO). Contractor shall ensure employees park in the appropriate designated parking areas at time of task order. The Government will not invalidate or make reimbursement for parking violations under any conditions.

2.19 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

2.20 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5 - Organizational and Consultant Conflicts of Interest. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may enact other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.21 Archaeological Finds/Historic Preservation: Where the Contractor or any of the Contractor’s employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, immediately stop work within 100 feet of the find and notify the Contracting Officer verbally, and then with a written follow up. Archeological and historic work will be carried out by, or under the direct supervision of a person or persons meeting qualifications set forth in the Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61). Fence all culturally sensitive and Government designated cultural resource sites prior to undertaking work in the vicinity of these areas as directed. Encircle area with a temporary protection fence. The Government will provide cultural sensitivity training to all work personnel prior to work activities, if deemed necessary. Upon completion of work activities, remove the fencing and discard offsite.

2.22 Environmental and Biological Considerations: All tree service work will be optimally conducted between August 15 and February 15 of each calendar year. Additional work may occur outside the desired work window. The contractor’s biological monitor will be on call throughout the year for monitoring duties. Minimize interference, disturbance, and damage to fish, wildlife, and plants including their habitat. Be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, Regional, and local laws and regulations. Elderberry shrubs will not be trimmed, cut down, or damaged by felling or trimming activities. The contractor will maintain a 20-foot separation zone between elderberry species and work activities. Consult with the USACE environmental representative when the 20-foot separation is not possible.

Special Status Bat mitigation BMP measures Implement the following measures to minimize impact to special status bat species. Mark the trees indicated on the Survey of Trees with Potential Bat Cavity Roosts (provided with each task order) for approval by the COR or Government biologist prior to removal. After approval of the trees marked for special treatment, trees indicted for removal that are not indicated as suitable for nesting by bats may be removed. The monitoring biologist must attend a meeting with government environmental personnel prior to tree removal to discuss the intent and implementation of measures to protect special status bat species. This can be part of the preparatory meeting held prior to tree removal.

The first day, under the supervision of the biological monitor, remove limbs and branches that do not contain cavities, cracks, crevices, or deep bark fissures that can provide roosting habitat. On the second day remove the remainder of tree by gently lowering the tree to the ground, under the supervision of the biological monitor. If it is not feasible to remove a tree using the two-phased approach, limbs containing habitat features should be removed and gently lowered to the ground in a location where they are not likely to be crushed or disturbed by the felling of the tree, and left undisturbed for the next 48 hours.

Standing dead trees or snags with habitat features should be removed over a single day by gently lowering the tree or snag to the ground. The tree or snag should be left undisturbed on the site for the next 48 hours.

Trimming activities will be conducted in the presence of a biological monitor. If trimming results in the removal of vegetation that contains potential bat habitat, vegetation should be gently lowered to the ground and left near the tree for 48 hours prior to removal, if feasible. If the vegetation cannot be left for 48 hours, the biological monitor shall survey the vegetation for presence of bats. If any bats are found within the vegetation, the vegetation must be left for 48 hours (or CDFW should be called for guidance regarding relocation of the bat dependent on urgency for removal).

If trees must be removed during bat pupping season (April 1st through August 31st), within 30 days of tree removal any trees indicated on Exhibit X as suitable bat roosting habitat must be surveyed by the designated biological monitor for active maternity roosts prior to removal.

· Surveys must be conducted from dusk until dark.

· If any special-status species bat maternity roost are located, appropriate buffers must be established by clearly marking the buffer area.

· The buffer area must be a minimum of 100 feet outside the tree containing the maternity roost.

· No contract activities shall commence within the buffer areas until the end of pupping season (September 1st) or the biological monitor confirms that the maternity roost is no longer active.

· If construction activities must occur within the buffer, the biological monitor must monitor activities either continuously or periodically during the work, which will be determined by the biological monitor.

· The biological monitor would be empowered to stop activities that, in their opinion, would cause unanticipated adverse effects on specials status bats. If construction activities are stopped, the biological monitor would inform the Corps, and California Department of Fish and Wildlife (CDFW) would be consulted to determine appropriate measures to implement to avoid adverse effects.

The biological monitor must attend a meeting with State’s environmental personnel prior to tree removal to discuss the intent and implementation of measures to protect special status bat species. This can be part of the preparatory meeting held prior to tree removal.

USACE will provide the biological monitor with data sheets that must be used to document removal of trees identified in the exhibits. At minimum, the biological monitor should document the following information: weather conditions, date, and time of removal for each tree, method(s) of removal for each tree and reasoning, equipment used, and any other biological observations of note. The biological monitor should also take photos pre and post felling of each tree identified on the provided exhibit maps.

2.23 Payment and Invoices: Submit invoices no more often than monthly. Give a detailed description of the Contract line item number (CLIN) on an invoice. Upon receipt, the Contracting Officer will certify that the requested earnings are appropriate before payment will be made. Include all necessary information on the invoice, including any necessary supporting documentation required as part of this Performance Work Statement. Provide the contract number on each invoice. Mark the final invoice “FINAL.” Provide copies of all invoices and work summaries to the following:

· First Step: Email a “draft” invoice to the Contracting Officer’s Technical Representative (COTR) prior to the original invoice being sent to Millington. This representative will inspect completed work as stated on the invoice and then submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. After the COR has prepared a receiving report, the Contracting Officer Representative Tracking (CORT) tool will notify the contractor that their invoice is approved and can be emailed the payment center in Millington, Tennessee. Invoice emailed to Millington prior to approval or creation of a receiving report will be denied payment.

· Second Step: Following the COTR notification of an approved invoice and the creation of a receiving report, submit the original invoice only, without additional information or supporting documentation, to the following email address: CEFC-Payments@usace.army.mil (if needed) Physical Address:

USAED, Finance Center

· Provide each invoice with a date, a unique invoice number, contract number, company name, USACE project name, as well as, CLIN number, task description and amount being billed against. Also include a billing summary history of all preceding invoices billed. The contractor may request a template invoice from the COTR if necessary. Invoicing will follow the specific format outlined above.

2.24 Authorities/Technical Direction: Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the Contract action before any changes can be made. Comply with the Changes clause of this Contract when direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer. Report any direction given by any Government employee or any other person outside their authority to the Contracting Officer.

3.1 TASK ORDERS

3.2 Task Order Awards. Task Orders issued under this contract will be firm-fixed price, which can be issued throughout the life of the contract period of performance of five years. For each Task Order under this contract, the Government will provide a specific Performance Work Statement describing at a minimum, the work required to be performed, performance metrics, schedule requirements, types and numbers of submittals, and places for review. The Contractor shall, upon award of a Task Order, supply all personnel, tools, equipment, communications, transportation, materials and supervision (except as otherwise noted) to integrate, manage, and execute all specified aspects of the Task Order. If Government Furnished Material (GFM) is provided, it will be stated in the individual Task Order and will be accounted for in accordance with the approved property control plan if required. All GFM will be returned to the Government at the end of the period of performance.

3.3 Tasks Specific Services. Examples of work that contractors might accomplish under the Performance Work Statements include, but are not limited to the following:

3.3.1 Tree services activities including:

· Tree pruning and trimming

· Tree felling

· Slash and bole removal

· Downed debris chipping

· Bole recycling

· Tree diagnosis

· Hazard tree analysis and removal

· Tree surgery and bark scribing

· Site clean-up and grade restoration of equipment rutting

· Elderberry Shrub Transplant

4.0. DEFINITIONS:

CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER. A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR). An employee of the U.S. Government appointed by the contracting officer to observe and verify specific tasks are completed in conformance with the contract. The individual’s duties may include such actions as inspecting, testing, and accepting contract line items, monitoring the contractor's performance, controlling Government-furnished property, reviewing, and approving and/or recommending to the COR approval/disapproval of invoices. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

POINT OF CONTACT (POC): The person designated by the Contractor as the point of contact for specific matters.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

SUBCONTRACTOR: Any tier subcontract within the prime contract.

WORKDAY: 7:00 am and 5:00 pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

5.0 ACRONYMS:

6.0. GOVERNMENT FURNISHED ITEMS AND SERVICES:

Government Furnished Items and Services, if necessary, will be defined in the Task Orders.

7.1. SPECIFIC TASKS:

7.2. Basic Services. The contractor shall provide the necessary materials, equipment and labor to safely fell and trim specifically identified trees in each task order. Downed tree material will be chipped or removed offsite for disposal or recycling. The work sites will be clean of all debris and leaves and left in a neat appearance. Restore and repair impacts made to the soil, pavement, structures, and fences damaged or impacted during work operations. Rubber tracked, low impact equipment shall be used for all work. Coordinate all tree removal with USACE and levee district representatives prior to tree service activities. The optimal work window is August 15 through February 15, though task orders may be issued for work outside this window as necessary.

7.3. Specific Tasks. The specific tasks required for each Task Order will be defined within each task order.

8.1. APPLICABLEPUBLICATIONS (CURRENT EDITIONS)

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

· Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985)

· American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2016)

· Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders

· 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders

· CCR Sections 3203 & 1509, Injury and Illness Prevention Program

· OSHA ancillary safety and health regulations governing certain aspects for this contract include

· Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

· Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

· Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

· The Control of Hazardous Energy (Lockout/Tag out) (29 CFR 1910.147)

· Proposition 65 (22 CCR Section 12000) Chemicals Known to the State to Cause Cancer or Reproductive Toxicity

· Title 8 California Code of Regulations (CCR) Section 3203 and Section 1509

· Underground Service Alert (U.S.A.) at 1-800-642-2444, read materials found on OSHA website http://www.dir.cago.

· Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61)

9.0 Performance Requirements Summary (PRS)

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Each Task Order awarded from this MATOC will have its own PRS specifying how the Government will evaluate acceptable performance.

10.0 Quality Assurance Surveillance Plan (QASP)

The QASP will consist of periodic inspections conducted by the COR or his/her designee. A surveillance report will be prepared by the KO and forwarded to the Contractor. The Contractor shall respond to any complaints and/or ratings of poor performance within five (5) calendar days, after receipt of the report. Each Task Order awarded from this MATOC will have its own QASP specifying how the Government will evaluate acceptable performance.